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Brick Linker's Ltd. & anr Vs. Titas Gas Transmission & Distribution Co Ltd. & ors, 2007, 36 CLC (AD)
....ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ......respect of the writ petitioners and also seeking declaration that by the insertion of interest in clause 16.1 of the Contract Form B of the respondent No.1 so far the same relates to "In case of default in making payment on interest at the rate of 1% per annum above the existing lendin......ke exception to the order sought to be appealed and to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 653. ..Category: Others | Date: | Hits: 92
Mst. Renu Khatun and another Vs. Md. Enayet Hossain Mondal and others, 2006, 35 CLC (AD)
....ment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 651. ...... civil revisional application against the order dated June 28, 1999 of the Court of Assistant Judge, Sirajganj in Miscellaneous Case No. 11 of 1999 dismissing the same. The Miscellaneous case was filed under Order 9, Rule 13 of the Code of Civil Procedure seeking setting aside of the e......ment of the High Court Division calling for interference by this Division. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 651. ..Category: Civil Law | Date: | Hits: 89
Monwara Begum Vs. Md. Anwarul Islam & others, 2006, 35 CLC (AD)
....rrect decision. There is no cogent reason to interfere with the same. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 649. ......emptor instituted Miscellaneous Case No. 13 of 1995 under section 96 of the State Acquisition and Tenancy Act, 1950, in the Court of Assistant Judge, Sonatola, Bogra for preemption of the case land stating, inter alia, that the case land originally belonged to Khairuddin Mondal, Azizur ......r instituted Miscellaneous Case No. 13 of 1995 under section 96 of the State Acquisition and Tenancy Act, 1950, in the Court of Assistant Judge, Sonatola, Bogra for preemption of the case land stating, inter alia, that the case land originally belonged to Khairuddin Mondal, Azizur Rahma..Category: Property Law | Date: | Hits: 26
Mosa. Rabeya Khatun Vs. Md. Afzal Hossain Prang. and others, 2007, 36 CLC (AD)
....ocate for the petitioner deserve no consideration. The petition is accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: V ADC (2008) 646. ......sistant Judge, Bogra for getting pre-empted the land transferred by the preemptee Nos. 2-4 in favour of pre-emptee by a kabala deed dated 22.05.1997 as contiguous land holder. The pre-emption case, was filed stating, inter alia, that the pre-emptors were owner of Plot No. 981 and 962 ......No.1 as pre-emptor filed a Miscellaneous Case No. 34 of 1998 under Section 96 of the State Acquisition and Tenancy Act in the Court of the learned Assistant Judge, Bogra for getting pre-empted the land transferred by the preemptee Nos. 2-4 in favour of pre-emptee by a kabala deed dated 22.05.199..Category: Property Law | Date: | Hits: 21
Secretary, Zilla Parishad, Faridpur Vs. Md. Lutfur Rahman and others, 2005, 34 CLC (AD)
....ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ......iff was cancelled hardly be considered made upon following the accepted principle that one should not be deprived of benefit/post without affording him opportunity to put forward his case in support of the entitlement of enjoying the benefit or competency of holding the post. ......ade hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: V ADC (2008) 636. ..Category: Civil Law | Date: | Hits: 107
Rajdhani Unnayan Kartripakkha (RAJUK) Vs. Iqbal Ahmed and others, 2006, 35 CLC (AD)
....ackground of the discussions made hereinbefore we find no merit in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: V ADC (2008) 631. ......ssor of the plaintiffs. 4. The suit was contested by the defendant Nos. 1 and 2 by filing separate sets of written statement, stating the facts more or less common. 5. It was the case of the defendants that the suit as framed is not maintainable since defendant No.2 has allotte...... decree dated July 12, 1999 of the 6th Court of Assistant Judge, Dhaka in Title Suit No.129 of 1999 dismissing the same. 2. The suit was filed seeking declaration of lease hold right in the land in suit and for cancellation of the lease deed made in favour of the defendant No.1 by the def..Category: Property Law | Date: | Hits: 30
Bangladesh Bank and another Vs. Administrative Appellate Tribunal, 1991, 20 CLC (AD)
....'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ......s words or necessary implication in the new law section 6A is to be construed as prospective in nature. It is contended that section 6(a) of the General Clauses Act, 1897 is also applicable in this case. Reliance is laced on Colonial Sugar Refining Co. Vs. Irving [1905] AC 369; Moti Ram Vs. Suraj......'s own rule. The direction of the Appellate Tribunal suffers from no infirmity. The petitions are dismissed. Ed. This Case is also Reported in: 44 DLR (AD)(1992) 239. ..Category: Administrative Law | Date: | Hits: 180
Mazu Bibi and others Vs. Rabeya Begum and others, 2006, 35 CLC (AD)
....e hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 267; III ADC (2006) 702.......reed ex parte. 5. The defendants seeking setting aside of the ex parte decree filed an application under Order IX, rule 13, CPC and thereupon Miscellaneous Case No. 214 of 1983 was registered. The case of the petitioners in the Miscellaneous Case i.e. defendants in Title Suit No. 849 of 1979, was......dure (CPC) seeking setting aside of the ex parte decree dated September 26,1983 passed in Title Suit No. 849 of 1979. 2. The suit was filed seeking declaration of title in respect of 4.69 acres of land and confirmation of possession as to part of the land in suit and recovery of possession as to ..Category: Limitation Law | Date: | Hits: 171
Bangladesh Vs. Kazi Shaziruddin Ahmed, 2003, 32 CLC (AD)
.... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ......r 14 years and to pay of fine of Taka 50 lac. The Chief Martial Law Administrator further ordered for confiscation of his immovable properties to the government towards realisation of the fine and in case the confiscated properties did not cover the amount of fine, he would have to pay the rest, in ...... set aside the impugned judgment of the High Court Division. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 231. ..Category: Criminal Law | Date: | Hits: 37
Uttara Bank Ltd. Vs. Subordinate Judge and others, 2006, 35 CLC (AD)
....urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ......execution being Money Execution Case No.11 of 1998. The property of respondent No. 3 Mrs. Maria Yousuf, one of the Directors of Messrs Jute Fibre and Products Limited was attached in the execution case on 19-4-1998. The Uttara Bank Limited filed Title Suit No.29 of 1999 in the same Court on 16-6......urt to decide the claim by Uttara Bank Limited in accordance with law. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 229. ..Category: Civil Law | Date: | Hits: 80
Bangladesh Vs. Samondra Narayan Mahajan & another, 2006, 35 CLC (AD)
....thin 60 days. For the reasons and discussions above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 226; 26 BLD (AD) 2006, 145. ......he same was, at all material times, under the continuous possession of the writ petitioner-respondents. The Government neither utilised the said land nor took over possession of the same. The further case is that the Government decided to return the unutilised acquired land to the lawful owners and ......absolute. 2. Short facts are that the writ petitioner-respondent Nos. 1 and 2 filed the writ petition challenging the order passed by the petitioners refusing to release the excess and unutilised land measuring 54 decimals acquired in LA Case No. 83 of 1960-1961 in compliance with the decision o..Category: Property Law | Date: | Hits: 32
Bangladesh Vs. Abdul Wahed Talukder, 2005, 34 CLC (AD)
....made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 218. ...... 2. Facts, in short, are that the property in question was owned by one Mr. SM Hasan who got the same by lease deed dated May 31,1966 from the Government of the then East Pakistan. It is the case of the respondent that while said Mr. SM Hasan was owning and possessing the property in quest....... SM Hasan did not execute and register the deed in favour of the respondent he was constrained to file Title Suit No. 528 of 1978 on 2-10-1978 for the specific performance of contract for sale of land, that the summons of the said suit was served on the defendants including the Government of Ba..Category: Property Law | Date: | Hits: 32
Vice Chairman, Export Promotion Bureau and Govt. of BD Vs. Acqua Foods Ltd & ors, 1997, 36 CLC (AD)
....stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ......etitioners. While the former filed an affidavit-in-opposition, the latter filed none. 6. The High Court Division held that the principles of natural justice had been violated in the instant case for not giving an opportunity of hearing to the writ petitioners. Again, the Controller of Imp......stand, even without a challenge of the Government’s action. The leave petitions are, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 113. ..Category: Business or Commercial Law | Date: | Hits: 89
Government of Bangladesh Vs. Megha Fisheries Ltd., 2005, 34 CLC (AD)
...., as such, we do not find any substance in this appeal. The appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 97, 20 BLT (AD) (2012) 25. ......r cancellation of the deed of lease on the face of "ঘোষনাপত্র দলিল" between the parties. 13. We have given our anxious consideration to the facts and circumstances of the case and we are of the view that the Subordinate Judge did not commit any illegality in dismissing t......oid and not binding upon the plaintiff. In the suit, it has been stated that the defendant fisheries, a Public Ltd Co applied to the government for long term lease of 155.39 acres of non-agricultural land for fish cultivation in scientific way; that after enquiries and observing all formalities the ..Category: Property Law | Date: | Hits: 41
Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... could be pointed out for our interference. In view of this, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 94. ......rder dated 10-9-1964 the requisition proceedings was withdrawn and his right and title became established; thereafter SA Khatian was finally published correctly into his name; the fact of objection case No. 31 is false; the plaintiff-respondent on creating a forged "document previously file......ahi in Suit No. 265 of 1996 dismissing the suit. 2. The respondent as the plaintiff instituted the suit for declaration of title and recovery of khas possession in respect of the suit land stating, inter alia, that the suit land measuring 0.04 acres from Plot No. 50 in old Khatian N..Category: Property Law | Date: | Hits: 25
Ziaur Rahman Vs. DG, Bureau of Anti-Corruption & another, 2004, 33 CLC (AD)
.... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ......nistry of Post and Telecommunications issued licenses under certain terms and conditions, that the Ministry of Post and Telecommunications without giving opportunity to the Company to put forward its case by the letters of November 11, 2001 and December 6, 2001 cancelled the ISP licenses of the Comp...... In the background of the discussions made hereinabove we find no substance in the petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 90. ..Category: Anti-Corruption Laws | Date: | Hits: 113
Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)
....on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ......person and he has forged the name of Khalilur Rahman as the plaintiff in the title suit in collusion and with the help of defendants secured ex parte decree in that suit. Thereafter, Miscellaneous case arose in the name of different persons but ultimately those cases were dismissed and the decre......t against Abul Kashem Howlader only and the same is not binding upon him. 2. The plaintiff filed the suit for declaration of title and correction of record of right in respect of suit land stating, inter alia, that 12 annas share of Kayem Karsha Gour Kishore Howlader was recorded i..Category: Property Law | Date: | Hits: 102
Chittagong Jute Manufacturing Co. Ltd. Vs. Chairman, 1st Labour Court, Ctg. & ors, 2003, 32 CLC (AD)
....missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ......on. The respondent No.2 explained the same, which was treated as not satisfactory. Thereafter, an inquiry committee was formed. The respondent No. 2 appeared before the inquiry committee. His case is that his statement was not properly and correctly recorded and his signature was obtained b......missal is into an order of termination and the re No. 2 shall be given termination benefits as permissible under the law. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 83. ..Category: Labour and Industrial Law | Date: | Hits: 117
ACC and Others Vs. Sheikh Hasina Wazed and Others, 2008, 37 CLC (AD)
.... notice in Form 5 for the purpose of ACC's satisfaction as to the acquisition of wealth beyond legal income after conducting an investigation before issuance of notice under section 26 of the Act. ......arim J MM Ruhul Amin J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Hassan Ameen J Md. Abdul Matin J Anti-Corruption Commission and others.............Appellants-Petitioners (In all cases) Vs. Sheikh Hasina Wazed…………………………............. Respondent (In Civil......first information report, followed by enquiry and investigation, followed by filing of charge sheet (or final report) and eventually after a trial in a court of law in accordance with the laws of the land. He submits that the High Court Division committed an error of law, inasmuch as the High Court ..Category: Anti-Corruption Laws | Date: | Hits: 144
Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)
....989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ......und of default in the payment of rent as well as on the ground of bonafide requirement of the premises for her own use and occupation upon construction of a modern residential house. 2. Plaintiffs case, inter alia, is that she has become the owner of the premises in suit on the basis of gift made......er expiry of the initial lease term another lease agreement dated June 10, 1957 was entered into and the rent was enhanced to TK.100/-; that defendant No.1’s father on obtaining permission from the landlady, i.e. present plaintiff’s mother, constructed hut spending TK.2,000/- and although landla..Category: Tenancy Law | Date: | Hits: 169
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